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Opposing attorneys spar as Wone trial begins

Prosecutors say case ‘not about sexual orientation’

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Opposing attorneys in the complex Robert Wone murder conspiracy trial clashed during opening arguments Monday over whether the defendants’ sexual orientation prompted authorities to prosecute them.

Assistant U.S. Attorney Glenn Kirschner said the government would point to the fact that Joseph Price, 39, Victor Zaborsky, 44, and Dylan Ward, 39, were in a three-way relationship as a means of showing that their “strong bond” played a role in their alleged conspiracy to obstruct justice.

Wone, a Washington attorney, was found stabbed to death in a guest room in the men’s Dupont Circle area townhouse in August 2006. The defendants, all of whom are gay, have been indicted on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with the police investigation of the murder. No one has been charged with the murder.

The men face a maximum sentence of 38 years in prison if found guilty on all three charges.

“This case is not about sexual orientation,” Kirschner told D.C. Superior Court Judge Lynn Leibovitz, who is poised to decide the men’s fate after the prosecution and defense attorneys opted to forego a jury trial.

“This case is not about the personal relationship of these three. There is nothing negative that can be inferred due to the sexual orientation or the lifestyle choices of these men,” he said.

But he noted that Price, Zaborsky and Ward “had powerful bonds among them,” which amounted to a “tight knit family” that is protecting its members from the harm that would come to them “if the truth came out.”

Kirschner then spent more than an hour outlining the government’s contention that the men tampered with the crime scene, repeatedly misled police and homicide detectives investigating the murder, and know but refuse to disclose the identity of the person or people who fatally stabbed Wone three times in the chest.

He reiterated the government’s assertion in numerous briefs and a police affidavit that the evidence refutes the defendants’ claim that an intruder killed Wone after entering the house from a rear door while they were asleep in their bedrooms.

Among other things, Kirschner noted that paramedics and crime scene investigators found far less blood on the bed where Wone was found with three “gaping” stab wounds and found no signs of a struggle or defensive wounds. He said this is evidence of crime scene tampering.

Defense attorneys representing the three gay men countered that the evidence doesn’t support any of the government’s allegations, including an assertion that more blood should have been found on the scene. From the moment homicide detectives arrived at the house to investigate the murder, they became “marred and infatuated in a theory based on ignorance,” prompting them to suspect the men were involved in the murder, said Price’s attorney, Bernard Grimm.

“Why is a straight man coming to the house of a gay man,” Grimm quoted a detective as saying while interviewing one of the defendants.

Grimm said the defense would present expert witnesses to prove that one of the three stab wounds that pierced Wone’s heart would have rendered him dead within five seconds or less. Grimm said this, rather than a sinister conspiracy, was the reason there were no signs of a struggle and more blood did not flow from the wounds.

And he said there was “no orchestrating of the crime scene,” contesting the evidence tampering charge.

Ward’s defense attorney, David Schertler, said prosecutors were basing their case on “faulty assumptions, speculation and innuendo.”

Following the opening arguments, Wone’s wife, Katherine Wone, took the stand as the first government witnesses. In response to questions by Kirschner, she told how her husband met Price and recounted the friendship they shared as undergraduate students at the College of William & Mary in Virginia.

She said that her husband, whom Kirschner described as “exclusively straight,” arranged to spend the night at the home of Price, Zaborsky and Ward on the night of the murder because he planned to work late at his nearby office at Radio Free Asia, where he served as general counsel.

The trial, which is expected to last weeks, recessed shortly before 5 p.m. Monday. Katherine Wone was to return and complete her testimony Tuesday.

D.C. attorney Dale Edwin Sanders, who practices criminal law, said the part of the government’s case that appears the strongest is its assertion that no evidence exists to show an intruder entered the house to kill Wone. He noted that in cases based on circumstantial evidence, sometimes “missing” evidence becomes the key to the case.

In his opening arguments, Kirschner noted that an intruder would have had to scale a seven-foot security fence surrounding the back yard of the house, even if the rear door to the house was unlocked, as the defense says was likely.

He pointed to police findings that there were no footprints or other signs that someone jumped into the patio and grounds inside the fence. He said police findings also showed that dust, pollen and other debris on the top surface of the fence was “completely” undisturbed, indicating that an intruder did not go over the fence.

Additionally, Kirschner asked if an intruder entered the premises to burglarize the house, as suggested by the defense, why didn’t he take a host of valuable items in clear view, including a laptop computer, which were in his path en route to the guest room where Wone slept.

Schertler, however, disputed the arguments. Among other things, he said that an intruder could have bypassed the fence by using a nearby trash container to climb onto a shed next to the house where Price, Zaborsky and Ward lived, and jumped over the fence. He also noted that the prosecution could not determine the intruder’s “state of mind” as to why he did not steal anything in the house.

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District of Columbia

Faith programming remains key part of Creating Change Conference

‘Faith work is not an easy pill to swallow in LGBTQ spaces’

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National LGBTQ Task Force Executive Director Kierra Johnson in D.C. in August last year. (Blade photo by Michael K. Lavers)

The National LGBTQ Task Force kicked off the 38th annual Creating Change conference in D.C. this week. This year, as with years past, faith and interfaith programming remains a key part of the conference’s mission and practice. 

For some, the presence of faith work at an LGBTQ+ conference may seem antithetical, and Creating Change does not deny the history of harm caused by religious institutions. “We have to be clear that faith work is not an easy pill to swallow in LGBTQ spaces, and they’re no qualms about saying that we acknowledge the pain, trauma, and violence that’s been purported in the name of religion,” Tahil Sharma, Faith Work Director for the National LGBTQ Task Force, said.

In fact, several panels at the conference openly discuss acknowledging, healing from, and resisting religious harm as well as religious nationalism, including one scheduled today titled “Defending Democracy Through Religious Activism: A panel of experts on effective strategies for faith and multi-faith organizing” that features local queer faith activists like Ebony C. Peace, Rob Keithan, and Eric Eldritch who are also involved in the annual DC Pride Interfaith Service.

Another session will hold space for survivors of religious violence, creating “a drop-in space for loving on each other in healing ways, held by Rev. Alba Onofrio and Teo Drake.”

But Sharma and others who organized the Creating Change Conference explained that “a state of antipathy” towards religious communities, especially those that align with queer liberation and solidarity, is counterproductive and denies the rich history of queer religious activism. “It’s time for us to make a call for an approach to LGBTQ+ liberation that uses interfaith literacy as a tool rather than as a weapon against us,” Sharma explained.

Recognizing a local queer faith icon

Along with the panels, fighting religious nationalism and fostering communion with aligned faith activists and communities is at heart of this year’s faith work. As Sharma shared, “the person that we’re honoring this year for the faith award is Rev. Dr. Sofía Betancourt, and Dr. Betancourt is an amazing leader and someone who really stands out in representing UUs but also representing herself unapologetically.” 

Based in the Washington, D.C. area, Dr. Betancourt has more than 20 years of experience working as a public minister, seminary professor, scholar, and environment ethicist, and public theologian. Her activism is rooted in her lived identities as a queer, multiracial, AfroLatine first-generation daughter of immigrants from Chile and Panama, and has been a critical voice in advancing the United Universalism towards anti-racist and pluralistic faith work. 

Creating a faith-based gathering space

Sharma also said that faith fosters a unique space and practice to encounter grief and joy. For this reason, Sharma wants to “create a space for folks to engage in curiosity, to engage in spiritual fulfillment and grounding but also I think with the times that we’re in to lean into some space to mourn, some space to find hope.” The Many Paths Gathering Space serves this purpose, where visitors can stop for spiritual practice, speak with a Spiritual Care Team member, or just take a sensory break from the bustle of the conference. 

This also means uplifting and foregrounding queer religious ephemera with an ofrenda to honor those who have passed, a display of nonbinary Korean American photographer Salgu Wissmath’s exhibition Divine Identity, and the Shower of Stoles, a collection of about 1,500 liturgical stoles and other sacred regalia representing the lives of lesbian, gay, bisexual, and transgender people of faith.

The Shower of Stoles

The collection was first started in 1995 by Martha Juillerat and Tammy Lindahl who received eighty stoles that accompanied them and lent them solace as they set aside their ordinations from the Presbyterian Church. The whole collection was first displayed at the 1996 General Assembly of the Presbyterian Church in New Mexico. The stoles, according to the Task Force, “quickly became a powerful symbol of the huge loss to the church of gifted leadership.”

Each stole represents the story of a queer person who is active in the life and leadership of their faith community, often sent in by the people themselves but sometimes by a loved one in their honor. About one third of all the stoles are donated anonymously, and over three-quarters of the stoles donated by clergy and full-time church professionals are contributed anonymously. 

The collection shows “not just the deep harm that has been caused that does not allow people to meet their vocation when they’re faith leaders, but it also speaks to how there have been queer and trans people in our [faith] communities since the beginning of our traditions, and they continue to serve in forms of leadership,” Sharma explained. 

Explicit interfaith work

Along with creating a sacred space for attendees, hosting workshops focused on faith-based action, and recognizing DC’s rich queer religious history, Creating Change is also hosting explicitly faith services, like a Buddhist Meditation, Catholic Mass, Shabbat service, Jummah Prayer Service, and an ecumenical Christian service on Sunday. Creating Change is also welcoming events at the heart of queer religious affirmation, including a Name/Gender/Pronoun/Identity Blessing Ritual and a reading and discussion around queer bibles stories with Rev. Sex (aka Rev. Alba Onofrio). 

But along with specific faith-based programs, Sharma explained, “we’re looking to build on something that I helped to introduce, which was the separation of the interfaith ceremony that’s happening this year which is a vigil versus the ecumenical Christian service which is now the only thing that takes place on Sunday morning.”

This includes an Interfaith Empowerment Service this evening and an Interfaith Institute tomorrow, along with “Sing In the Revolution,” an event where folks are invited “to actually engage in the joy and rhythm of resolution and what that looks like,” Sharma said. One of the key activators behind this work is Rev. Eric Eldritch, an ordained Pagan clergy person with Circle Sanctuary and a member of the Pride Interfaith Service planning committee. 

Affirming that queer faith work is part of liberation

The goal for this year, Sharma noted, alongside holding space and discussions about faith-based practice and liberation and intentional interfaith work–is to move from thinking about why faith matters in queer liberation spaces to “how is interfaith work the tool for how we’re engaging in our understanding of de-escalation work, digital strategies, navigating a deeper visioning that we need for a better world that requires us to think that we’re not alone in the struggle for mutual abundance and liberation,” Sharma explained.

It may surprise people to learn that faith work has intentionally been part of the National LGBTQ+ Task Force since its beginning in the 1980s. “We can really credit that to some of the former leadership like Urvashi Vaid who actually had a sense of understanding of what role faith plays in the work of liberation and justice,” Sharma said. 

“For being someone who wasn’t necessarily religious, she certainly did have a clear understanding of the relationship between those folks who are allies, those folks who stand against us, and then those folks who sit in between–those folks who profess to be of religious and spiritual background and also are unapologetically LGBTQ+,” he continued.

This year’s faith programming builds on this rich history, thinking about “a way to kind of open doors, to not just invite people in but our people to go out into the general scene of the conference” to share how faith-based work is a tool, rather than a hindrance, to queer liberation work.

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Virginia

McPike prevails in ‘firehouse’ Dem primary for Va. House of Delegates

Gay Alexandria Council member expected to win 5th District seat

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Alexandria City Council member <strong.Kirk McPike (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the clearcut winner in a hastily called Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates representing Alexandria.

McPike, who was one of two gay candidates running in the four-candidate primary, received 1,279 votes or 60.5 percent, far ahead of gay public school teacher Gregory Darrall, a political newcomer who received 60 votes or 3 percent. 

Former Alexandria City School Board member Eileen Cassidy Rivera came in second place with 508 votes or 24 percent and Northern Virginia criminal law defense attorney Chris Leibig finished in third place with 265 votes or 12.5 percent.

Each of the candidates expressed strong support for LGBTQ-related issues.

With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in the Feb. 10 special election to fill the 5th District House of Delegates seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).

Bennett-Parker won the Democratic nomination for the Virginia State Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from his seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.

 Bennett-Parker won the nomination for Ebbin’s state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.

 McPike, a longtime LGBTQ rights advocate, first won election to the Alexandria City Council in 2021. He has served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He told the Washington Blade he will continue as chief of staff until next month, when he will resign from that position before taking office in the House of Delegates.

He received the endorsement of Ebbin, U.S. Rep. Don Beyer (D-Va.), and the LGBTQ Victory Fund in his race for the 5th District Va. House seat. Being an overwhelmingly Democratic district, virtually all political observers expect McPike to win the Feb. 10 special election. 

He will be running against Republican nominee Mason Butler, a local business executive who emerged as the only GOP candidate running for the delegate seat.

“Thank you to the voters of Alexandria for choosing me as the Democratic nominee in the House of Delegates District 5,” McPike said in a statement released shortly after the vote count was completed. “It is an incredible honor to have the opportunity to fight for our community and its values in Richmond,” he said.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” he stated.

He praised Ebbin for his longstanding support for the LGBTQ community in the Virginia Legislature and added, “If elected to the House of Delegates in the Feb. 10 general election, I will continue to fight to protect the rights and freedoms of LGBTQ+ Virginians from my new position in Richmond.”

Gay candidate Darrall’s campaign website said he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.

“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement said.

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District of Columbia

Sold-out crowd turns out for 10th annual Caps Pride night

Gay Men’s Chorus soloist sings National Anthem, draws cheers

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A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals. (Washington Blade photo by Lou Chibbaro, Jr.)

A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.

Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.

The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.

The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.

“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.

Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22

Dana Nearing sings the National Anthem at the Washington Capitals Pride Night on Jan. 17. (Washington Blade photo by Lou Chibbaro, Jr.)

 A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.

Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.

“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.

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